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Regulation

  • The Home Depot will pay $13 million to resolve claims by customers whose personal information was exposed to hackers during a massive data security breach in 2014. The settlement agreement, filed in March in U.S. District Court in Atlanta, would certify a class of Home Depot customers to include all U.S. residents whose personal information was compromised after they used payment cards at self-checkout lanes at U.S. Home Depot stores between April 10, 2014, and Sept.'

    March 31, 2016R. Robin McDonald
  • It hasn't been an easy couple of months for Denver-based fast casual food giant Chipotle Mexican Grill Inc. And now a decision from the National Labor Relations Board has shone a negative light on the company's social media policies and labor practices too.

    March 31, 2016Rebekah Mintzer
  • Lawyers are increasingly expected to understand the implications of cybersecurity when providing advice relating to a long list of matters that include privacy compliance, contract compliance, data breach response, data breach litigation, M&A due diligence, and insurance coverage. As a result, it is important that lawyers understand the latest trends in cyber intrusions that may expose their stakeholders to unwarranted risk and allow adversaries to exploit technical and human vulnerabilities.

    February 29, 2016Steven Chabinsky
  • 2016 is in full swing and we will soon be conducting the 2016 Mattern & Associates Cost Recovery Survey. We've been conducting this bi-annual survey since 2004 and, during that time, it has become an industry resource for tracking the cost recovery practices of law firms across size and geography.

    February 29, 2016Robert C. Mattern
  • In a first-of-its-kind decision, the U.S. Court of Appeals for the Eleventh Circuit deferred to the EEOC and held that job applicants may bring "disparate impact" claims for age discrimination against potential employers, even in the absence of evidence of intentional discrimination.

    February 29, 2016Matthew R. Simpson
  • On Jan. 28, the Commerce Department issued a much-anticipated policy statement entitled "White Paper on Remixes, First Sale and Statutory Damages: Copyright Policy, Creativity, and Innovation in the Digital Economy." This article briefly describes the white paper's scope and recommendations, with a focus on the issue of statutory damages, as to which the white paper proposes several amendments to the current Copyright Act.

    February 29, 2016Robert W. Clarida and Robert J. Bernstein
  • Electronic discovery is an ever-changing part of the legal profession. Just when lawyers and their clients feel as though they've mastered the discovery of digital evidence, the rules change or technological advances make e-discovery an even greater challenge.

    February 29, 2016David Horrigan
  • The year 2005 really marked the beginning of the "era of data breaches," and with it, the "era of data breach lawsuits." In its place, what is now commonplace in the wake of major data breaches ' class action "privacy" litigation on behalf of data subjects, seeking millions of dollars in damages, under a dizzying array of legal theories.

    February 29, 2016John Hutchins
  • The character of a franchise prospect seems relevant. Franchisors want trustworthy participants in the franchise system. A credit report and a criminal history search seem reasonable to screen out undesirables. Roughly one in four adults has some criminal history that would show up on a search, and some of these crimes have since been decriminalized. Using searches of criminal histories and credit reports can also be racially discriminatory.

    February 29, 2016Craig R. Tractenberg